Department of Education (WikiLeaks)

November 27, 2013

To Whom It May Concern:

This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted on behalf of journalist Alexa O’Brien.

I seek any and all documents in the Department of Education's possession that pertain to the WikiLeaks website or organization from January 2006 to the present date.

I am a “representative of the news media” for fee waiver purposes. See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362, 363, 365 (D.C.D. 1989). My work has been published in The Cairo Review of Global Affairs, Guardian UK, Salon, and featured by PBS Frontline, On The Media and Public Radio International. Based on my status as a “news media” requester, I am entitled to receive the requested record with only duplication fees asserted. Further, because disclosure of this information will “contribute greatly to the public understanding of the operation or activities of the government,” duplication fees should be waived.

There is a compelling need for the requested documents such that expedited processing is appropriate. I am engaged in disseminating information. There exists an urgent need to inform the public concerning actual or alleged Federal Government activity. As 5 U.S.C. § 552(a)(6)(E)(ii)(I) provides, I will anticipate your determination on our request within ten (10) calendar days.

I requests that in the event that access to any of the requested records is denied pursuant to 5 U.S.C. § 552(b), I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address were such an appeal can be sent.

I requests that documents responsive to this request be provided to me in electronic format on a CD-ROM.

Thank you in advance for your prompt attention to this request.

Sincerely,

Alexa O’Brien

Robert Wehausen
Management & Program Analyst
FOIA Appeals Coordinator
FOIA Service Center
U.S. Dept. of Education
400 Maryland Avenue, SW
Washington, DC 20202-4510
202.205.0733

RE: FOIA Request 14-00322-F

RE: Muckrock Internal ID:
https://www.muckrock.com/foi/united-states-of-america-10/department-of-education-wikileaks-9348/

Dear Mr. Wehausen,

I just received your email dated 12/11/13 requesting additional
information regarding my FOIA Request 14-00322-F dated November 27, 2013.

In that email you stated that if you did not receive a response from me
30 days from 12/11/13 that FOIA 14-00322-F would be administratively closed.

I am providing that information to you now, in the event that the FOIA
14-00322-F has not been administratively closed.

If FOIA 14-00322-F is administratively closed, please advise me, so I
can resubmit immediately.

As I wrote in my original request dated 11/27/13, "I seek any and all
documents in the Department of Education's possession that pertain to
the WikiLeaks website or organization from January 2006 to the present
date," to include those pertaining to:

A. WikiLeaks Publications

For example, on June 20, 2008, WikiLeaks published “USA Funds - Sallie
Mae Guarantee Services Agreement 2006” (listed below for informational
purposes).

http://wikileaks.org/wiki/USA_Funds_-_Sallie_Mae_Guarantee_Services_Agreement_2006

An AACRAO article described the leaked document as “approved by a U.S.
Department of Education official despite a recommendation by the
Department's own Inspector General that the deal violated federal
conflict-of-interest regulations.”

On February 2, 2009, WikiLeaks published approximately 14 Congressional
Research Service Reports concerning the Department of Education (listed
below for informational purposes).

CRS: Paraprofessional Quality and the No Child Left Behind Act of 2001,
January 28, 2008

http://wikileaks.org/wiki/CRS:_Paraprofessional_Quality_and_the_No_Child_Left_Behind_Act_of_2001,_January_28,_2008

US Department of Education agreement with United Student Aid Funds, 21
Aug 2007

https://wikileaks.org/wiki/US_Department_of_Education_agreement_with_United_Student_Aid_Funds,_21_Aug_2007

USA Funds - Sallie Mae Guarantee Services Agreement 2006

http://wikileaks.org/wiki/USA_Funds_-_Sallie_Mae_Guarantee_Services_Agreement_2006

CRS: The No Child Left Behind Act and "Unfunded Mandates": A Legal
Analysis of School District of the City of Pontiac v. Secretary of the
United States Department of Education, May 9, 2008

http://wikileaks.org/wiki/CRS:_The_No_Child_Left_Behind_Act_and_%22Unfunded_Mandates%22:_A_Legal_Analysis_of_School_District_of_the_City_of_Pontiac_v._Secretary_of_the_United_States_Department_of_Education,_May_9,_2008

CRS: Appropriations for FY 1998: Labor, Health and Human Services, and
Education, December 3, 1997

https://wikileaks.org/wiki/CRS:_Appropriations_for_FY_1998:_Labor,_Health_and_Human_Services,_and_Education,_December_3,_1997

CRS: Education and Training Issues Related to Major Disasters, November
4, 2005

http://wikileaks.org/wiki/CRS:_Education_and_Training_Issues_Related_to_Major_Disasters,_November_4,_2005

CRS: Proposed Amendments to the Regulations Under the Individuals with
Disabilities Education Act (IDEA), May 23, 2008

http://wikileaks.org/wiki/CRS:_Proposed_Amendments_to_the_Regulations_Under_the_Individuals_with_Disabilities_Education_Act_(IDEA),_May_23,_2008

CRS: Title IX and Single Sex Education: A Legal Analysis, December 15, 2008

http://wikileaks.org/wiki/CRS:_Title_IX_and_Single_Sex_Education:_A_Legal_Analysis,_December_15,_2008

CRS: Safe and Drug-Free Schools and Communities Act: Program Overview
and Reauthorization Issues, May 19, 2008

http://wikileaks.org/wiki/CRS:_Safe_and_Drug-Free_Schools_and_Communities_Act:_Program_Overview_and_Reauthorization_Issues,_May_19,_2008

CRS: School Facilities Infrastructure: Background and Legislative
Proposals, January 27, 2006

http://wikileaks.org/wiki/CRS:_School_Facilities_Infrastructure:_Background_and_Legislative_Proposals,_January_27,_2006

CRS: High School Dropout Rate Calculations, March 28, 2002

http://wikileaks.org/wiki/CRS:_High_School_Dropout_Rate_Calculations,_March_28,_2002

CRS: INDIVIDUALS WITH DISABILITIES EDUCATION ACT: PROPOSED AMENDMENT
REGARDING INTERIM ALTERNATIVE EDUCATIONAL PLACEMENTS, August 13, 1998

http://wikileaks.org/wiki/CRS:_INDIVIDUALS_WITH_DISABILITIES_EDUCATION_ACT:_PROPOSED_AMENDMENT_REGARDING_INTERIM_ALTERNATIVE_EDUCATIONAL_PLACEMENTS,_August_13,_1998

CRS: English Language Acquisition Grants Under the No Child Left Behind
Act: Analysis of State Grant Formula and Data Options, June 29, 2007

http://wikileaks.org/wiki/CRS:_English_Language_Acquisition_Grants_Under_the_No_Child_Left_Behind_Act:_Analysis_of_State_Grant_Formula_and_Data_Options,_June_29,_2007

CRS: The Individuals with Disabilities Education Act (IDEA):
Interactions with Selected Provisions of the No Child Left Behind Act
(NCLB), February 13, 2008

http://wikileaks.org/wiki/CRS:_The_Individuals_with_Disabilities_Education_Act_(IDEA):_Interactions_with_Selected_Provisions_of_the_No_Child_Left_Behind_Act_(NCLB),_February_13,_2008

In 2011, WikiLeaks published approximately 20 Department of State
diplomatic cables that were addressed to the Department of Education
and/or Department of Education officials.

07SHANGHAI677 dated 10/22/07 published by WikiLeaks 08/23/11

http://cablegatesearch.net/cable.php?id=07SHANGHAI677&q=department-of-education

07SHANGHAI678 (DEPT OF EDUCATION FOR ROBIN GILCHRIST) dated 10/22/07
published by WikiLeaks 08/23/11

http://cablegatesearch.net/cable.php?id=07SHANGHAI678&q=department-of-education

08MUSCAT747 (STATE PASS TO DEPARTMENT OF EDUCATION FOR SECRETARY
SPELLINGS) dated 10/29/08 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=08MUSCAT747&q=department-of-education

10TOKYO393 (STATE PASS DEPT OF EDUCATION/PPSS) dated 02/26/11 published
08/25/11

http://cablegatesearch.net/cable.php?id=10TOKYO393&q=department-of-education

09RABAT928 (STATE PLS PASS DEPARTMENT OF EDUCATION) dated 11/24/09
published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=09RABAT928&q=department-of-education

09BEIJING2867 (DEPARTMENT PLEASE PASS TO DEPARTMENT OF EDUCATION) dated
10/14/09 published by WikiLeaks 08/23/11

http://cablegatesearch.net/cable.php?id=09BEIJING2867&q=department-of-education

07SANTIAGO1392 (RUEAUSA/DEPT OF EDUCATION WASHDC) dated 08/24/07
published by WikiLeaks 08/25/11

http://cablegatesearch.net/cable.php?id=07SANTIAGO1392&q=department-of-education

07SHANGHAI647 (STATE PASS TO DEPT OF EDUCATION - ROBIN GILCHRIST) dated
10/04/07 published by WikiLeaks 09/01/11

http://cablegatesearch.net/cable.php?id=07SHANGHAI647&q=department-of-education

06PARIS7448 (DEPT. PLEASE PASS DEPARTMENT OF EDUCATION - ROBIN
GILCHRIST) dated 11/20/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS7448&q=department-of-education

06PARIS7094 (STATE PASS TO DEPARTMENT OF EDUCATION FOR ROBIN GILCHRIST
AND STEPHANIE WHELPLEY) dated 10/27/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS7094&q=department-of-education

06PARIS5183 (STATE FOR DEPARTMENT OF EDUCATION ROBIN GILCHRIST,
STEPHANIE WHEPLEY) dated 08/01/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS5183&q=department-of-education

06PARIS5110 (RUEAUSA/DEPARTMENT OF EDUCATION WASHDC PRIORITY) dated
07/28/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS5110&q=department-of-education

06PARIS5084 (STATE PASS TO DEPARTMENT OF EDUCATION FOR ROBIN GILCHRIST
AND STEPHANIE WHELPLEY) dated 07/27/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS5084&q=department-of-education

06MADRID1835 (DEPT PLEASE PASS DEPARTMENT OF EDUCATION) dated 07/20/06
published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06MADRID1835&q=department-of-education

06PARIS4674 (STATE PASS TO DEPARTMENT OF EDUCATION FOR ROBIN GILCHRIST
AND STEPHANIE WHELPLEY) dated 07/07/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS4674&q=department-of-education

05PARIS4821 (STATE FOR DEPARTMENT OF EDUCATION ROBIN GILCHRIST) dated
07/11/05 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=05PARIS4821&q=department-of-education

In 2011, WikiLeaks also published 23 Department of State diplomatic
cables concerning the Department of Education.

07PORTAUPRINCE1784 dated 11/08/07 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=07PORTAUPRINCE1784&q=department-of-education

08ATHENS78 dated 01/18/08 published by Wikileask 08/26/11

http://cablegatesearch.net/cable.php?id=08ATHENS78&q=department-of-education

08PANAMA336 dated 04/28/08 published by WikiLeaks 05/29/11

http://cablegatesearch.net/cable.php?id=08PANAMA336&q=department-of-education

08MANAMA472 dated 07/16/08 published by WikiLeaks 02/18/11

http://cablegatesearch.net/cable.php?id=08MANAMA472&q=department-of-education

08KOLONIA163 dated 10/30/08 published by Wikileaks 08/26/11

http://cablegatesearch.net/cable.php?id=08KOLONIA163&q=department-of-education

08ZAGREB792 dated 11/14/08 published by WikiLeaks 08/25/11

http://cablegatesearch.net/cable.php?id=08ZAGREB792&q=department-of-education

08OSLO654 dated 12/08/08 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=08OSLO654&q=department-of-education

08PARISFR2265 dated 12/15/08 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=08PARISFR2265&q=department-of-education

09ABUDHABI378 dated 04/14/09 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=09ABUDHABI378&q=department-of-education

09RIYADH1299 dated 09/30/09 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=09RIYADH1299&q=department-of-education

10PARISFR184 dated 02/17/10 published by WikiLeaks on 08/26/11

http://cablegatesearch.net/cable.php?id=10PARISFR184&q=department-of-education

10WARSAW96 dated 02/12/10 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=10WARSAW96&q=department-of-education

09STATE126228 dated 12/10/09 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=09STATE126228&q=department-of-education

09PARISFR1474 dated 11/03/09 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=09PARISFR1474&q=department-of-education

09DUBAI408 dated 10/05/09 published by WikiLeaks 08/26/11

http://cablegatesearch.net/cable.php?id=09DUBAI408&q=department-of-education

07PARIS254 dated 01/22/07 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=07PARIS254&q=department-of-education

07LIMA417 dated 02/15/07 published by WikiLeaks 06/17/11

http://cablegatesearch.net/cable.php?id=07LIMA417&q=department-of-education

06PARIS6615 dated 10/04/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS6615&q=department-of-education

06MANILA3991 dated 09/21/06 published by WikiLeaks 08/25/11

http://cablegatesearch.net/cable.php?id=06MANILA3991&q=department-of-education

06PARIS3101 dated 06/10/06 published by WikiLeaks 08/24/11

http://cablegatesearch.net/cable.php?id=06PARIS3101&q=department-of-education

06CHIANGMAI71 dated 05/04/06 published by WikiLeaks 08/25/11

http://cablegatesearch.net/cable.php?id=06CHIANGMAI71&q=department-of-education

06COLOMBO639 dated 04/20/06 published by WikiLeaks 08/25/11

http://cablegatesearch.net/cable.php?id=06COLOMBO639&q=department-of-education

05MANAMA1676 dated 11/14/05 published by WikiLeaks 04/28/11

http://cablegatesearch.net/cable.php?id=05MANAMA1676&q=department-of-education

B. Intelligence, counterterrorism & counter intelligence investigations
or analysis of the WikiLeaks organization or its publications.

C. Criminal investigations of Wikileaks and the prosecution and
court-martial of Pfc. Bradley Manning, the soldier convicted of 25 years.

Beginning in the summer of 2010, federal agencies received notice from
the Defense Intelligence Agency (DIA) and the Office of the National
Counterintelligence Executive (ONCIX) about their agency's information
contained in upcoming WikiLeaks releases.

Any records related to those or other agencies about WikiLeaks are
responsive to my request.

According to a chronology by military prosecutors in the court-martial
of Pfc. Bradley Manning, military prosecutors contacted the Department
of Education on February 16, 2012:

“16-Feb-12 Email with Department of Education to inquire about any
discoverable material”

https://www.documentcloud.org/documents/843225-20120926-ae-330-enc-prosecution-chronology.html#document/p174/a140337

According to a February 17, 2012 email, documents attributed to the
Department of Education from the ONCIX investigation exist.

https://www.documentcloud.org/documents/843872-20120529-ae-98-att-prosecution-17-february-2012.html#document/p2/a140335

On February 17, 2012 military prosecutors contacted the Department of
Education and were provided a ‘damage assessment’. These documents and
communications are responsive to my request.

https://www.documentcloud.org/documents/712592-20121119-ae-406-prosecution-responses-to-defense.html#document/p51/a140336

See also “1-Feb-12 Email with Department of Education received damage
assessment” from the chronology:

https://www.documentcloud.org/documents/843225-20120926-ae-330-enc-prosecution-chronology.html#document/p174/a140338

Further any other Department of Education damage or impact records
(draft or otherwise) regarding any WikiLeaks publications would be
responsive to my request.

I would also like all communications between the Department of Education
and any other federal agency including the Department's of State,
Justice, or Defense about the WikiLeaks releases.

According to a chronology produced by military prosecutors, “6-Mar-12
Sent follow up email to Dept. Education”

https://www.documentcloud.org/documents/843225-20120926-ae-330-enc-prosecution-chronology.html#document/p179/a140339

I would also like all communications and records related to law
enforcement or criminal investigations of WikiLeaks or Pfc. Manning.

ONCIX ASSESSMENT

Lead military prosecutor Major Ashden Fein in a June 2012 email
described the ONCIX damage assessment as follows:

"[W]hen the WikiLeaks incident occurred the [O]NCIX, using a keyword
search, gathered the compromised information, and disseminated the
relevant information to over 50 federal organizations."

I am seeking documents within the Department of Education possession
that relate to any federal government (including ONCIX, ODNI, OMB, or
ISOO, of DIA) assessment of WikiLeaks publications.

Then On 28 November 2010, the Director of the Executive Office of Budget
and Management, Jacob Lew sent a "Memo for the Heads of Executive
Departments and Agencies regarding WikiLeaks - Mishandling of Classified
Information".

The memo stated that the "significant irresponsible disclosure by
WikiLeaks has resulted in significant damage to our national security"
and that "[a]ny failure by agencies to safeguard classified information
pursuant to relevant laws, including but not limited to Executive Order
13526, Classified National Security Information (December 29, 2009), is
unacceptable and will not be tolerated."

The memo directed each department and agency of the federal government
that handles classified information to establish "a security assessment
team consisting of counterintelligence, security, and information
assurance experts to review the agency's implementation of procedures
for safeguarding classified information against improper disclosures."

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-06.pdf

Another memo followed on January 3, 2011.

The memo contained memoranda from the Director of the Information
Security Oversight Office (William J. Bosanko) and the National
Counterintelligence Executive (Robert M. Bryant).

The memo called for federal agency teams to complete their internal
assessments questionnaire (attached) by January 28, 2011. The memo also
directed ONCIX and ISOO in coordination with OMB to evaluate and assist
federal agencies to comply with the assessment requirement. The memo
directed ODNI, ONCIX, and ISOO to provide assistance to the federal
agency’s assessment teams (to include periodic on-site reviews of agency
compliance where appropriate).

An assessment questionnaire included inquiries such as 'Assess what your
agency has done or plans to do to address any perceived vulnerabilities,
weaknesses, or gaps on automated systems in the post-WikiLeaks
environment,' and 'Do you capture evidence of pre-employment and/or post
employment activities or participation in on-line media data mining
sites like WikiLeaks or Open Leaks?'

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-08.pdf

DEFENSE INTELLIGENCE AGENCY INFORMATION REVIEW TASK FORCE

Other federal and military interagency partners included the FBI and the
Army Criminal Investigation Command participated in the DIA IRTF.

On July 28,2010, Robert Gates directed the Director, Defense
Intelligence Agency (DIA), Ronald Burgess to establish an Information
Review Task Force (IRTF) (formerly TF 725) to “lead a comprehensive
Department of Defense (DoD) review of classified documents posted to the
WikiLeaks website (wwvv.wikileaks.org) on July 25, 2010, and any other
associated materials.”

The directive goes on to state:

“The IRTF will review the impact of the unauthorized disclosure of
classified information specified above. The IRTF will coordinate
throughout the Intelligence Community in conducting this time-sensitive
review and integrate its efforts with those of the National
Counterintelligence Executive.”

The memo also states, “The IRTF will provide regular updates to the
Office of the Secretary of Defense (OSD) on its findings. A more
comprehensive interim report will be provided as the effort progresses.”

Gates also directed the IRTF to complete, “a final report” “once all
documents are assessed.”

https://www.documentcloud.org/documents/839230-20100805-ae-08-att-j-appendix-e-secretary-of.html#search/p2/IRTF

D. Mitigation efforts in response to the unauthorized disclosure of
government information to the WikiLeaks organization

INSIDER THREAT AND INTER-AGENCY MITIGATION

On October 7, 2011 the President of the United Stated, Barack Obama,
published Executive Order 13587 concerning “Structural Reforms to
Improve the Security of Classified Networks and the Responsible Sharing
and Safeguarding of Classified Information.”

http://www.whitehouse.gov/the-press-office/2011/10/07/executive-order-structural-reforms-improve-security-classified-networks-

The order directed federal agencies that use classified networks to
“designate a senior official to oversee classified information sharing
and safeguarding for the agency; implement an insider threat detection
and prevention program; and perform self assessments of compliance with
policy and standards.”

The order further outlined how “A Senior Information Sharing and
Safeguarding Steering Committee will have overall responsibility for
fully coordinating interagency efforts and ensuring that Departments and
Agencies are held accountable for implementation of information sharing
and safeguarding policy and standards.”

The order further stated that “the Attorney General and the Director of
National Intelligence [were] actively establishing an interagency
Insider Threat Task Force” and that “[d]epartments and [a]gencies are
implementing more robust access control systems to enforce role-based
access privileges that serve to ensure that an individual user's
information access is commensurate with his/her assigned role.”

Please let me know if this answers your questions.

Best regards,

Alexa O'Brien

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 27, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00322-F.

Thank you for your help.